A person with legal responsibility for another person may create a special needs trust; traditionally, they were created by parents for their disabled child. However, a person without legal responsibility for the beneficiary may create a “third person supplemental needs trust” using a will or express trust, and so long as the third person gives complete control over the assets to the trustee, the government will not count the trust assets for purposes of determining eligibility for benefits.

A disabled person may also create a supplemental needs trust for his own benefit, but any assets left when he dies must be used to repay the state for benefits received.

• Determine how you will fund the trust.
• Gather relevant documents about the property you would like to place in trust.
• Get in touch with an experienced estate and trust lawyer.